In district court.
- Spanish claim rejected, (1) because conditions not complied with, and (2) because there was no survey of the grant.
- In 1796, when Delassus was commandant of the post of New Madrid, he exercised the powers of sub-delegate, and had authority, under the instructions of the governor-general of Louisiana, to make conditional grants of land.
- He made a grant to Clamorgan, who stipulated on his part to introduce a colony from Canada to cultivate hemp and make cordage for the use of the king's vessels; but these conditions the grantee failed to perform.
- By the Spanish laws and ordinances, these conditions had to be performed before the grantee could obtain a perfect title. If the Spanish governor would have refused to complete the title, this court, acting under the laws of congress, must likewise refuse.
- After the cession of Louisiana to the United States in 1803, Clamorgan could not legally take any step to fulfil the conditions; and the case must be judged of as it stood the 3d March, 1804.
- The difference between this and Arredondo's case, 6 Peters, 706, explained.
- The cases of Arredondo, 6 Peters, 691; Soulard, 10 Ib. 100; Wiggins, 14 Ib. 334; Menard v. Massey, 8 How. 293; and Boisdoré, 11 How. 63, cited and approved.
April, 1849.—Petition in District Court, under act of 17th June, 1844, for the confirmation of a Spanish claim, determined before Hon. Benjamin Johnson, district judge.
Albert Pike and D. J. Baldwin, for petitioners.
S. H. Hempstead, district attorney, for the United States.